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Gamers in court for first time after Kansas 'swatting' death
Legal Opinions | 2018/06/14 02:23
Two online gamers whose alleged dispute over a $1.50 Call of Duty WWII video game bet ultimately led police to fatally shoot a Kansas man not involved in the argument will make their first appearances in court Wednesday in a case of "swatting" that has drawn national attention.

Casey Viner, 18, of North College Hill, Ohio, and Shane Gaskill, 19, of Wichita, are charged with conspiracy to obstruct justice, wire fraud and other counts.

Viner allegedly became upset at Gaskill while playing the popular online game. Authorities say he then asked 25-year-old Tyler Barriss of Los Angeles to "swat" Gaskill, a form of retaliation sometimes used by gamers, who call police and make a false report to send first responders to an online opponent's address.

Barriss is accused of calling Wichita police from Los Angeles on Dec. 28 to report a shooting and kidnapping at a Wichita address. Authorities say Gaskill had provided the address to Viner and later to Barriss in a direct electronic message. But the location Gaskill gave was his old address and a police officer responding to the call fatally shot the new resident Andrew Finch, 28, after he opened the door.

Viner's defense attorney, Jim Pratt, declined comment. The attorneys for Gaskill and Barriss did not immediately respond to an email.

Viner and Gaskill have not been arrested and both were instead issued a summons to appear at Wednesday's hearing where a judge will decide whether they can remain free on bond. Both men are also likely to enter pleas, although at this stage of the proceedings the only plea a federal magistrate can accept is not guilty.

Barriss and Viner face federal charges of conspiracy to make false reports. Barriss also is charged with making false reports and hoaxes, cyberstalking, making interstate threats, making interstate threats to harm by fire and wire fraud. He will not be in court Wednesday.

A first court appearance on the federal charges has not been set for Barriss because the Sedgwick County district attorney is going forward first with his case on the state charges, said Jim Cross, spokesman for the U.S. attorney's office in Kansas.



State appeals court reinstates California's right-to-die law
Legal Network | 2018/06/14 02:22
A state appeals court has reinstated — at least for now — California's law allowing terminally ill people to end their lives.

The Fourth District Court of Appeals in Riverside issued an immediate stay Friday putting the End of Life Option back into effect. The court also gave opponents of its decision until July 2 to file objections.

The law allows adults to obtain a prescription for life-ending drugs if a doctor has determined that they have six months or less to live.

Riverside County Superior Court Judge Daniel Ottolia declared the law unconstitutional last month, stating that it had been adopted illegally because lawmakers passed it during a special Legislative session called to address other matters.

Ottolia didn't address the issue of whether it's proper for people to end their lives. Right-to-die advocates hailed Friday's action.

"This stay is a huge win for many terminally ill Californians with six months or less to live because it could take years for the courts to resolve this case," Kevin Díaz, national director of legal advocacy for Compassion & Choices, said in a statement.

"Thankfully, this ruling settles the issue for the time being, but we know we have a long fight ahead before we prevail."

California Attorney General Xavier Becerra, who had asked the appeals court to stay Ottolia's ruling, also praised the decision.

"This ruling provides some relief to California patients, their families, and doctors who have been living in uncertainty while facing difficult health decisions," Becerra said. "Today's court ruling is an important step to protect and defend the End of Life Option Act for our families across the state."



Kansas Supreme Court sends DNA request back to lower court
Court Watch | 2018/06/11 15:05
The Kansas Supreme Court has remanded a convicted man's request for DNA testing back to Leavenworth County District Court for further review.

The court on Friday reversed earlier rulings by a district judge and the Kansas Court of Appeals that denied the request from 39-year-old Gregory Mark George Jr., who is serving time for rape, aggravated robbery and aggravated intimidation of a witness.

The Leavenworth Times reports George was convicted of raping a clerk during a robbery at a Lansing convenience store in 2004.

In 2013, George filed a petition for DNA testing of hairs that were collected as part of his case but were never tested.

The state Supreme Court ruling asks a district judge to determine whether the requested testing might produce evidence that could help exonerate George.



Egypt refers 28 to criminal court for forming illegal group
Law Firm News | 2018/06/10 19:09
Egypt's chief prosecutor has referred 28 people to a criminal court on charges including forming an illegal group aiming to topple the government.

Sunday's statement by prosecutor Nabil Sadek says the suspects face an array of additional charges, including inciting violence and disseminating false news.

The statement says the suspects formed an illegal group, "The Egyptian Council for Change," to incite against the state and its institutions.

It says only nine of the 28 suspects are in custody. No date has been set for the trial. Egypt has intensified a long-running crackdown on dissent since President Abdel-Fattah el-Sissi's re-election in March.

The arrests are part of a wider crackdown on dissent since the 2013 military ouster of an elected Islamist president following mass protests against his one-year divisive rule.



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